Innocently Guilty – the Petacchi case

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Alessandro Petacchi had finally made a comeback(Image credit: Bettini Photo)

News Feature, May 9, 2008

Alessandro Petacchi "is not a cheat," the Court of Arbitration for Sport stated this week after ruling that the Italian must serve a one-year suspension. It found that his positive doping test during the 2007 Giro d'Italia was "the result of Mr. Petacchi simply, and, possibly, accidentally, taking too much Salbutamol on the day of the test, but that the overdose was not taken with the intention of enhancing his performance." Nevertheless, even though he was allowed by the UCI to use the drug, he was responsible for taking too much and the CAS decided that this warranted a sanction.

The case parallels that of Leonardo Piepoli, who tested positive for the same drug on the same day, and had almost half again as much of the drug in his system but escaped sanction. The only difference is Piepoli holds a racing license from Monaco, while Petacchi's is from his native Italy. And while the Italian Cycling Federation was happy to let the star go with a warning, the Olympic Committee (CONI) was keen to pursue the matter until 'Ale-Jet' went down.

To combat his exercise-induced asthma, the Italian had an Abbreviated Therapeutic Use Exemption (ATUE) from the UCI, which allowed him to take three doses of 200 mcg of Salbutamol by inhalation each day, and three doses of 0.5 mcg of Betamethasone by aerosol. His medical prescription was for a product called Ventolin, which contains Salbutamol, to be used three times a day. Each puff from the inhaler contains 100 mcg of Salbutamol, so he was allowed six puffs a day, to reach his total of 600 mcg.

On May 23, Petacchi told the CAS, he took two puffs from his inhaler before the race, two during the race and two or three after the race. Because he won the stage, he had to undergo a doping control. The resulting urine sample was tested at the WADA laboratory in Rome, and on May 26, the lab issued its finding that the sample contained 1352 ng/ml Salbutamol. The legal limit is 1000 ng/ml for athletes with a TUE.

At the UCI's request, the Rome lab sent the rest of the sample to the anti-doping lab in Barcelona, which conducted a further test to determine whether the Salbutamol had been ingested or inhaled. On June 21, the Barcelona lab issued its findings, saying the results "were not compatible with an inhaled therapeutic dose of salbutamol." The UCI informed the Italian cycling federation (FCI), which opened an investigation.

Doping cases in Italy are prosecuted by the antidoping committee of the Italian Olympic Committee (UPA-CONI), and this case was heard by the disciplinary committee of the Federazione Ciclistica Italiana (FCI, Italian Cycling Federation) on July 24. In a quick action, the decision was issued on the same day – a decision that Petacchi "was found not to have been in breach of the anti-doping rules." "It's one of the most beautiful wins in my life," Petacchi said. "I don't wish anybody to suffer like I did, it was the worst experience of my life."

At the April 2 hearing, Petacchi had argued that as an asthmatic, he needed to use his inhaler more than usual on the hot and humid day during the Giro. "Unusually Mr. Petacchi had felt the need to use the inhaler after the race, only an hour before he gave his sample," the decision summarized the rider's argument. "The use after the race and shortly before he gave his sample" were allegedly the cause of the high concentration. In addition, he argued, he "may have used a sub-optimal inhalation technique" when he used the inhaler during the race and may have inadvertently swallowed some of the medication.

This turned out to be a major point in the Panel's decision to suspend him for only one year. "The Panel is satisfied that Mr. Petacchi is not a cheat, and that the adverse analytical finding in this case is the result of Mr. Petacchi simply, and, possibly, accidentally, taking too much Salbutamol on the day of the test, but that the overdose was not taken with the intention of enhancing his performance."

The decision then turned to the legal distinction between "No Significant Fault or Negligence" and "No Fault or Negligence," finding him innocent of the first but guilty of the second. He had "No Significant Fault or Negligence," it ruled, "because his fault or negligence, when viewed in all the circumstances and taking into account the criteria for no fault or negligence, was not significant in relation to this anti-doping rule violation.." This allowed the panel to reduce the suspension to one year.

The panel further noted that it had been suggested that Petacchi should be found to have "No Fault or Negligence," which would have meant no suspension. "However, as the panel has made clear, it has concluded that Mr. Petacchi took too much Salbutamol. In order to establish No Fault or Negligence an athlete has to show that he has used the 'utmost caution'. Even on his own account, Mr. Petacchi took more than the authorised dose. He cannot establish that he used the utmost caution."

In other words, the CAS concluded that Petacchi inadvertently took too much of an otherwise illegal product, which he was allowed to used in limited quantities. He went over his limit, but not for the purpose of enhancing his performance, it found – making this quasi a "non-doping" doping case. However, whatever the cause, he was found to have an illegal quantity in his urine sample, which is a violation of doping rules.

How the panel arrived at this two month period is unclear. The panel's press release states "that A. Petacchi did not race between the day of the doping control and the date of the decision of the FCI," that is, between May 23 and July 24. That is, however, not the case. Petacchi continued to ride in the Giro after the doping control, in fact winning two more stages. He also rode in Veenendaal – Veenendaal on June 13th and Delta Profronde June 14, before Team Milram suspended him on June 28. After the FCI's decision the end of July, he started racing again, with his first appearance being in the Rund um die Hainleit on August 4. Presumably the two month period was counted from the end of the Giro d'Italia on June 3 to when he resumed racing on August 4, and ignores the races he participated in before being notified of his positive result.

Petacchi's future remains unclear. He had indicated that he might retire if he was given a suspension, but the mildness of the decision and sanction may change his mind. He turned 34 at the begriming of this year, and judging by his (now forfeited) results for this season, is showing no signs of slowing down. If he is released by Milram, it seems likely he would have no trouble finding a new team to ride for when his sanction ends on September 1.